LAWIN

Tag: Featured

  • Withholding Performance

    Withholding Performance Buyer’s Right to Withhold Performance of Contract under the UN Sales Convention Introduction Concept of the Right to Withhold Performance Withholding performance under the Convention, as in English law, means that the buyer is entitled to refuse to perform his obligation without being required or even being entitled to terminate [avoid] the contract.…

  • Seaworthiness

    Seaworthiness Some of the sources imposing this duty Civil law (art. 2008, 2015, 2022, and 2063 C.C.Q. (C.B. at p. 60) Common law Harter Act, 1893, 46 U.S. Code Appendix 190-196 Steel v. State Line (1877-78) 3 App. Cas. 72 …..(H.L.) (C.B. at p. 56) Canadian Pacific Forest Products v. Belships [1999] 4 F.C. 330,…

  • Seaworthiness

    Seaworthiness Some of the sources imposing this duty Civil law (art. 2008, 2015, 2022, and 2063 C.C.Q. (C.B. at p. 60) Common law Harter Act, 1893, 46 U.S. Code Appendix 190-196 Steel v. State Line (1877-78) 3 App. Cas. 72 …..(H.L.) (C.B. at p. 56) Canadian Pacific Forest Products v. Belships [1999] 4 F.C. 330,…

  • Choice of Jurisdiction

    Choice of Jurisdiction Introduction In the past, the courts of all nations have jealously guarded their jurisdictions and have looked unfavourably on clauses in contracts which called for suit elsewhere. In consequence, courts properly seized with a dispute, have usually refused motions calling for the stay of proceedings. Recently, however, motions for stay have been…

  • Choice of Jurisdiction

    Choice of Jurisdiction Introduction In the past, the courts of all nations have jealously guarded their jurisdictions and have looked unfavourably on clauses in contracts which called for suit elsewhere. In consequence, courts properly seized with a dispute, have usually refused motions calling for the stay of proceedings. Recently, however, motions for stay have been…

  • International Organization

    Introduction to International Organization International Organization, a membership group that operates across national borders for specific purposes. Scholars of international relations consider international organizations to have growing importance in world politics. Examples of […]

  • International Organization

    Introduction to International Organization International Organization, a membership group that operates across national borders for specific purposes. Scholars of international relations consider international organizations to have growing importance in world politics. Examples of […]

  • Regional Organizations

    Regional organizations are, under some perspectives, international organizations, as they are members of the international community and encompass geopolitical entities that, in their operations or activities, transcend a single state or country. However, its membership is characterized by […]

  • Regional Organizations

    Regional organizations are, under some perspectives, international organizations, as they are members of the international community and encompass geopolitical entities that, in their operations or activities, transcend a single state or country. However, its membership is characterized by […]

  • World Trade Organization

    Unlike GATT, the WTO is a permanent body but not a specialized agency of the United Nations. Introduction to World Trade Organization World Trade Organization (WTO), international body that promotes and enforces the provisions of trade laws and regulations. The World Trade Organization has […]

  • World Trade Organization

    Unlike GATT, the WTO is a permanent body but not a specialized agency of the United Nations. Introduction to World Trade Organization World Trade Organization (WTO), international body that promotes and enforces the provisions of trade laws and regulations. The World Trade Organization has […]

  • Natural Law Theory

    Main source: Finnis, John, "Natural Law Theories", The Stanford Encyclopedia of Philosophy (Fall 2011 Edition), Edward N. Zalta (ed.), URL = . Definition of Legal Law Among the theories that define legal law there are: the theory of Hans Kelsen, who argues that law is […]

  • Margin of Appreciation

    Margin of Appreciation and the European Convention on Human Rights Court Margin of Appreciation "means that, within reason, the Court will leave it to the individual State to decide whether the particular human right is infringed, applying its own standards. It is particularly important […]

  • Crime Victimization

    Crime Victimization ‘Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law’ Historical Context The Sub-Commission on Prevention of Discrimination and Protection of Minorities entrusted in 1989, by its resolution 1989/13 of 31 August 1989, a…

  • Crime Victimization

    Crime Victimization ‘Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law’ Historical Context The Sub-Commission on Prevention of Discrimination and Protection of Minorities entrusted in 1989, by its resolution 1989/13 of 31 August 1989, a…